Notting Hill Genesis (NHG) (202322129)

REPORT

COMPLAINT 202322129

Notting Hill Genesis (NHG)

22 April 2024

Our approach

What we can and cannot consider is called the Ombudsman’s jurisdiction and is governed by the Housing Ombudsman Scheme (the Scheme). The Ombudsman must determine whether a complaint comes within their jurisdiction. The Ombudsman seeks to resolve disputes wherever possible but cannot investigate complaints that fall outside of this.

In deciding whether a complaint falls within their jurisdiction, the Ombudsman will carefully consider all the evidence provided by the parties and the circumstances of the case.

The complaint

1. The complaint is about the landlord’s handling of the resident’s transfer request and alleged discrimination.

Determination (jurisdictional decision)

2. When a complaint is brought to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why a complaint will not be investigated.
3. After carefully considering all the evidence, I have determined that the complaint about the landlord’s handling of the resident’s transfer request and alleged discrimination, is not within the Ombudsman’s jurisdiction. This is an accordance with paragraph 42l and paragraph 42a of the Housing Ombudsman Scheme.

Summary of events

4. The resident is an assured tenant of the landlord. The property is a 2-bedroom house. The tenancy commenced in April 2002.
5. The resident has vulnerabilities. At the time of the complaint, she was living at the property with her 2 children.
6. The resident discussed overcrowding in the property with the landlord in June 2022 and subsequently a transfer application was made. Her application was categorised as band ‘C’ at that time.
7. On 10 October 2022, the landlord received the resident’s expression of dissatisfaction about her transfer request. A phone conversation between the parties took place on 25 November 2022. The resident complained she was being discriminated against regarding the transfer request she said the landlord did not care about her or her children’s wellbeing. On 20 December 2022, it approved her transfer request with a banding of ‘B’. The resident felt she should have been banded higher.
8. In the landlord’s final response of 8 February 2023 (incorrectly documented as 8 February 2022), it had not upheld the resident’s complaint. It detailed that the correct processes were followed regarding the transfer request, although there was a delay in the documents being sent to a staff member. Should the resident have wanted to appeal her banding, she should write to its panel. It also found no evidence of discrimination; its staff had followed the correct policies and procedures. It offered to arrange for staff members to support her on the bidding system.
9. The resident referred her complaint to this Service on 7 March 2023. This contained the landlord’s final response of 8 February 2023. This complaint was initially opened under the reference 202222705. On 22 March 2023, this Service assessed the complaint was outside of our jurisdiction in accordance with paragraph 41d of the Scheme under reference 202222705. Communication between the resident and the landlord regarding its handling of her transfer request and alleged discrimination started again in October 2023. The complaint was about the same issues raised in November 2022 and assessed as outside our jurisdiction.
10. More recently, the resident has told this Service that new events of alleged discrimination have arisen after she exhausted the landlord’s internal complaints procedure in February 2023.

Reasons

11. Paragraph 42l of the Scheme states that the Ombudsman may not consider complaints where the resident seeks to raise again matters which the Housing Ombudsman, or any other Ombudsman has already decided upon.
12. The contents of the final response of 8 February 2023 covers the complaint definition of this case (reference 202322129). However, this complaint was already referred and assessed outside of jurisdiction by this Service on 22 March 2023, under reference 202222705. The landlord’s final response commented on the resident’s transfer request and any discrimination involved.
13. As such, the Ombudsman is satisfied this complaint has been raised again, as a direct result from the landlord’s final response of 8 February 2023, which covers the resident’s complaints of October 2022 and November 2022. Therefore, this is not something we can consider in accordance with paragraph 42l of the Scheme. In this case, the resident is seeking to raise matters about the transfer request and alleged discrimination again which have already been decided upon by this Service on 22 March 2023.
14. The resident has also advised this Service that there have been new events of discrimination following her referral to this Service in March 2023. Paragraph 42a of the Scheme states the Ombudsman may not consider complaints made prior to having exhausted a landlord’s complaints procedure. Therefore, if the resident wishes to do so, she could complain about these occurrences directly with the landlord. Although, she may also wish to seek independent advice regarding this.